How are sentences for federal, state, and local crimes determined? Is this process fairly and justly applied to all concerned? How have reforms affected the process over the last 25 years?

Offering a comprehensive overview of the sentencing process in the United States, How Do Judges Decide? The Search for Fairness and Justice in Punishment explores these questions and more. Author Cassia Spohn first discusses the overall concept of punishment and then analyzes individual aspects of it, including the sentencing process, the responsibility of the judge, and disparity and discrimination in sentencing. This Second Edition offers new information on the impact of sentencing reforms, including recent research and case law, updated statistics in tables and figures, and new boxed highlights.

Key Features

Helps students understand patterns in the wide discretion and latitude given to judges when determining penalties within the framework of the U.S. judicial system

Engages the reader with "Focus on an Issue" sections, which analyze key issues such as gender and sentencing (Ch.4) and the impact of race on sentencing for drug offenses (Ch.5)

Examines sentencing reforms and their impact, providing students with up-to-date information on how punishment is meted out in U.S. courts.

Contains boxed excerpts in each chapter from books and articles, with a variety of case studies on topics such as the O.J. Simpson murder trial, judicial surveys, and comparison of sentences in different jurisdictions by gender

Offers new material on specialty courts and the prosecutor's role in sentencing

Concludes each chapter with discussion questions

How Do Judges Decide? is an ideal text for upper-division undergraduate and graduate courses on the judicial system, criminal law, and law and society.

See what’s new to this edition by selecting the Features tab on this page. Should you need additional information or have questions regarding the HEOA information provided for this title, including what is new to this edition, please email sageheoa@sagepub.com. Please include your name, contact information, and the name of the title for which you would like more information. For information on the HEOA, please go to http://ed.gov/policy/highered/leg/hea08/index.html.

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CHAPTER 5: SENTENCING DISPARITY AND DISCRIMINATION: A FOCUS ON RACE/ETHNICITY

Racial Disparity in Sentencing

Race and Judges' Sentencing Decisions

Race and the Death Penalty: A Failed Experiment?

Justice From the Bench?

CHAPTER 6: THE SENTENCING REFORM MOVEMENT

Structured Sentencing Reforms

Presumptive Sentencing Guidelines

Mandatory Minimum Sentencing Statutes

Three-Strikes-and-You're Out Laws

Truth in Sentencing Laws

Three Decades of Reform

CHAPTER 7: THE IMPACT OF SENTENCING REFORMS

Have Sentencing Reforms Led to More Punitive Sentences?

Have Sentencing Reforms Led to a Reduction in Crime?

Have Sentencing Reforms Reduced Disparity and Discrimination?

Assessing the Impact of the Sentencing Reform Movement

"It is the most comprehensive analysis of sentencing practices in the United States in general, and of how judges decide in particular. It provides ample statistics of the realities of punishment and provides readers with the conclusions from several decades of research investigating judicial discretion."

Richard D. Hartley

University of Texas at San Antonio

Key features

Examines sentencing reforms and their impact, providing students with up-to-date information on how punishment is meted out in U.S. courts.

Boxes within chapters contain exerpts from books and articles with actual cases studies on topics such as the O.J. Simpson jury, judicial surveys, comparison of sentences in different jurisdicitions by gender.